China’s new visa laws target expats

On July 1st 2013, China introduced new visa laws for foreigners, supposedly targeting illegal workers, but in reality targeting all expats in China (read the laws here).

Mostly it seems about being able to control and punish foreigners more, which is to be expected to deflect from the crashing economy. They will also be able to impose more severe financial penalties, which will probably become increasingly common.

The first of the laws are increases in fines and jail time for unauthorised work and overstays on visas. They are quite precise about what the penalties are, and how they will be imposed.

The laws also seem to be a little fairer, in that they allow the expat to decide whether to leave willingly, or risk deportation. That would seem to save the Chinese courts a lot of time and money getting rid of undesirables. But things aren’t always what they seem.

The laws go on to say that expats cannot leave if they owe employers money, or if any civil action is pending.While on the surface that might seem almost reasonable, one must bear in mind the huge increase in questionable court cases recently, involving employees unreasonably demanding money from employers that want to move their businesses out of China.

There have also been a huge increase in court cases where the Chinese partners of foreign companies have claimed all or majority share of the foreign companies, based on the findings of corrupt Chinese courts. Theoretically, this would mean that if a claim is made for the entire company, the owner of the company can be stopped from leaving China indefinitely until caving into the claim.

For workers, the same problem could arise. If the employer decides to impose a contract breach penalty, the employee technically could be prevented from leaving China until the matter is resolved. Court cases could be delayed indefinitely, during which time the employee is not allowed to work.

The hardest hit could be the expat English Teacher. The standard clause in contracts between schools and teachers is that a breach penalty of 3-10 months salary must be paid by whichever party breaches the contract causing termination.

Schools can now claim that the teacher breached the contract, and demand 10 months salary as compensation. In the past, teachers could just pack up and go home, but the new law means they have to stay until matter is resolved. The choice is to pay the money, or go to court to dispute the amount.

The court decision can be delayed indefinitely, during which time the teacher is not allowed to work. The only real recourse is to pay the money to the school.

As if that isn’t enough, the school can also report it’s own teacher as being an illegal worker, a requirement under the law. It is not clear if the school would be liable for any penalty in this case, but they could simply state they had been duped by the foreigner, and were acting to rectify their honest mistake.

So what effect does that have on the teacher? Under the new laws, the teacher can be detained for 30 days, 60 days or even longer on suspicion of being any criminal act that the school might accuse the teacher of. That means two months detention without the charge being proven, and even longer if it is deemed to be a “complicated” matter. It is not beyond the realms of possibility for schools to make unfounded charges against teachers who don’t submit to unreasonable demands.

The example of teacher has been used, because they are the most underpaid and vulnerable in China, and many are already working illegally or on fake documents. However, all workers in China are potentially subject to the same exploitation by employers. Even businessmen are subject to detention if falsely reported by business partners or competitors. Such actions have been quite common in the past under various other laws.

Additionally, all foreign workers must now provide fingerprints and other biometric data when applying for residency permits to work in China. It is unclear what this biometric data is, but it is believed it will include DNA. Other laws seem to imply that these requirements will be extended to all visitors, including tourists, at some time in the future. All visitors to China are now subject to body searches when entering or exiting the country.

There will also be stricter restrictions on where foreigners can live or travel, and where foreign businesses can be established.

Overall, the new visa laws seem very intrusive, and open to abuse from those that would seek to gain unethical and unfair financial advantage over foreign workers.

53 thoughts on “China’s new visa laws target expats”

I have a copy of the original document from the Chinese government and awaiting it’s translation. When I have that I would be happy to forward it to you. If you have a copy already translated but without the opinion I would be happy to see that.

Re the teachers being disadvantage. In my opinion, not soon enough! People working on F visas at schools, earning 2000rmb a month after training in Beijing for a week, taking jobs off people who meet the legal requirements. Two American teachers without the proper qualifications molesting students at a school recently. How many weren’t reported. The industry needs cleaning up and the riff raff needs to be shipped off shore so that those of us who can do the job, can get on with it!

I was reading your story and thought, not bad an opinion piece but not bad. Then I came to this sentence where you lost me, shredding any credibility of what you had said before. “All visitors to China are now subject to body searches when entering or exiting the country.” Think about the logistics of this statement 10,000+ body searches a day Pffft I left for holiday from there on the 4th of July. Once again as before nobody looked sideways at me.

Agreed about the illegal teachers, but these laws are also open to abuse against legal teachers.

Just because China enacts a law, doesn’t mean it will enforce it immediately. New laws came into force on January 1st 2013, allowing China to stop, search and seize all foreign ships in the South China Sea, but so far they haven’t.

Australia can search any ship in it’s waters also. So why the big deal when China brings its laws up to International Standards. Have you ever tried to get into the states, Canada or Australia if you are Chinese. China makes its laws a little tougher to protect its borders and its Big Bad China Time!

Australia’s territorial waters are clearly defined and accepted internationally within the terms of the international law of the sea. China’s assertions within the South China Sea are generally recognised internationally under the law of the sea as belonging to other countries. China has never made an official claim for these waters, nor produced any evidence to the UN or other international authorities, as has been the case with every other country on earth.

Those laws were cited as an example of how laws are not always enforced immediately, and it was not meant to deflect from the issue of this article, which is the new visa laws.

The new Visa laws which brings China closer to international standards. Maybe they will have a positive influence by distracting those who should not be teaching from teaching. If a teacher is liked by their students and educates well in a professional manner, they should not encounter problems.

I’ve been living in Vietnam, which of course is smaller and have less travellers frequency than China. Still, when you enter vietnam, you go thru desks with people copying, by hand, your hole passeport. And they don’t care that 700 people or more, have to wait 10-15 min per person to pass this desk.

What a sensational reply. Nailed it. Agreed the riff-raff needs to be shipped out. It isn’t just the unqualified teaching but the general alcoholism, sexual harrassment and violence that accompanies these scumbags. Here’s hoping that the quality of expat will improve and those who fall into those categories will stay at home with their wives.

@ Skeppo Probably a start to fix the problems that you encounter would be to report the schools that have unqualified teachers working at them. If it’s your own school I would probably be looking for another job. With the new fines that have been introduced for employing unqualified teachers it may reflect badly on you. If you are encountering this type of behavior on a daily basis at your school and they allow their teachers to turn up everyday smelling of alcohol drunk abusing students and sexually harassing teachers, do you really want to be there.

@Len Philp
I wasn’t talking specifically about schools. The LBH factor is high in China. But if the shoe fits and all that.

After a further read of this article, I’ve realised that the author is playing loosely and freely with the facts surrounding this issue. I have to agree with Len Philp that the logistics of body searches are absurd. In fact, I was unable to find official information regarding this.

I think this is a well timed, scare-mongering article that was written more for reaction than for information or insight. If you are a qualified legal worker in China, the new rules don’t change anything. If you have been using F or L visas to stay whilst working illegally, then you deserve to get the arse. And the sooner the better for the legal workers. I say good riddence and thanks to China for cleaning up this mess.

I think you may be guilty of generalizing too much or maybe you need to visit our little community of Zhongshan and tell me why it is different. Most of my good friends in Zhongshan are long term in the city and married to local women as am I, We have seen a growing number of relationships with female foreigners and male Chinese. Most have children and all are building lives together, one way or another.

“If the shoe fits etc” i don’t understand your reference, unless you are referring to me and I would wonder why as obviously you do not know me. I prefer to debate not through age old metaphors but with discourse. LBH (sic) assumes that we are here, married to Chinese women and doing business because we can’t achieve at home. Therefore LBH assumes race and isn’t its use racist. Am I not a man and my wife a women,

If you must use the term LBH, they usually become an LIC or show the wrong person the plethora of pictures of female students or work colleagues on their phone, word gets around and they are quickly ostracized . They don’t last long with their cover blown, in our community.

All of these points I believe strengthen the debate that the new Exit and Entry laws are necessary and overdue. I still can find no reason to distrust them, in rereading them. They are a far cry from the panicked rumors that were flying around two weeks ago. If they cause the removal of the bad element in larger Chinese cities then it is all well and good. In our town of Zhongshan they are few and far between.

I think this law could open up all kinds of potential problems and hassles to foreign workers….and yes, most of them could very well (probably will) be teachers (or people taking advantage of foreign workers.) I’m sure there are problems on both sides, with corrupt schools and with people working who shouldn’t be, but it would be too easy for schools to demand 3-10 months pay and foreigners would have no recourse but to just pay it. Eventually it would get painful enough that they’d just want the whole thing over with and to leave.

I just wanted to comment because of this sentence;

“All visitors to China are now subject to body searches when entering or exiting the country.”

And at the end of the of the message it says, ‘Editor’s note: Internet commentators are paid by the Chinese government to distort or deflect internet conversation…..’

That could be possible too……but I also left in July for a break and was not searched at all. Either leaving the country or coming back. I was actually worried because I had a couple of tubs of protein power with me (coming back). You can buy it here (just not the brand I like), but like I want to be searched with gallons of ‘white powder’ on me with people who don’t speak/read English!!! hahaha

So anyway, I know the statement “all visitors to China are now subject to body searches when entering or exiting the country” is false.

I just had a very similar experience happen to me in South Korea. I owed money and couldn’t pay it so I spent 8 months in jail and immigration detention before they deported me. They never got the money I owed them, but they sure spent a crap load of money on keeping me detained, clothed and fed. I wrote a book about it. You can buy it here:

Quite ironic (but fitting) that they would penalize foreigners for breaching contracts when the entirety of the new Chinese economy has been built on breaching contracts because “it’s just a contract, it doesn’t mean anything.”

In fact, as a former employee of top Chinese travel company Ctrip, employment contracts were swapped out on more than one occasion after the company decided that they wanted to redraft on their own terms, despite what original contracts stipulated. Ctrip would also impose financial penalties on employees at their discretion without proper reason.

Your commenting on the authors opinion, which I have to say, after reading the document is very different to my own. Yes you may have had a bad experience with your travel company but why do we have small claims courts in the west? Probably because of the multitude of contract infractions that happen here. `

It always seems to me we do not look in own back yard often enough when we are talking about China and it comes across, to me, as China bashing. It is individuals at fault not the nation which I find to be full of friendly loving and very sociable people, on the whole. It also also not the state that brings about these infractions.

RE: Editor’s note: Internet commentators are paid by the Chinese government to distort or deflect internet conversation in support of China and against the west. See our article China’s government hires people to distort web conversations

9th generation Australian here who has found that a lot said about China is distorted. Find me on Facebook or my own site http://www.zsrenn.com. I am paid by the Chinese government, not to teach English but to encourage children to open their mouths and talk. I do not deal in grammar, spelling or any of the other so called English skills taught as a science. My opinions are my own and I hold them dearly.

I appreciate that China does have it’s problems but from what I see, is working tooth and nail to fix them. Constant China bashing is negative criticism which does not assist Australia in its efforts to be a player in Asia. Australia has too often been seen in the south pacific as the kid at school who thought he was better than anyone else and therefore not liked. Let’s not make the same mistake in Asia.

I have stalkers which follow me from site to site trying to discredit me as a person and therefore discredit what I have to say. I’m not saying they are US agents! They are more likely sad little people with no lives. I could also as easily say that the US is guilty of having posters in forums which distort the truth. After all, Snowden proved they were hacking information when for years they were accusing China of doing so.

Editor’s Note: ZSRenn (www.zsrenn.com) appears to be a site for foreigners in Zhongshan, but written largely in Chinese. Unlike China Daily Mail, which uses hundreds of sources from dozens of countries for it’s news reports, ZSRenn uses only one source – Chinese state media – for most or all of it’s content.

It also requires the supply of personal information to access the site. The authors of the articles appear to constantly refer to China as home, and not western countries.

However, it does appear to be a good source of information about local events for expats in Zhongshan, and China Daily Mail would recommend it for that purpose. We repeat our offer for ZSRenn to publish their profile on our site, for the benefit of expats in Zhongshan.

9th generation and descendant of the first Anglo child born on the “North Shore” of Sydney. If you search the records you will see his name is Brodie. That on my Mothers, Fathers side. On my Fathers, Mothers 6th generation from passengers on the dreaded 2nd fleet. I have electronic proof of this and would be happy to forward it to the moderator for confirmation. Now can you prove you are a Len? Thank you for comment as others may have sat there in silent disbelief and you allowed me to confirm my status.

In future though, it’s probably best to debate the topic, as when you start to try and discredit the author you usually turn the reader away from your point of view. They feel you have nothing to say on the topic and your comments say more about you than who you are trying to discredit! Sure some feeble minded might follow you but the discerning reader knows what you are!

@Len Philp Do you read what your write or do you have some selective reading issue. A quick look at the links your provided were to a questionable profile and to a parody of a website.

Why are you so argumentative and defensive? This was an article about visa rules until you hijacked it with your complaining.

As to your claim of 9th generation Australian; Anyone can find a name at random and connect the dots. Proof…blah blah blah…..You need to fix your math skills. According to John Stanhope – ANZSOG – there are 8 generations since the first fleet.

It grinds my gears when people play the “My ancestor came on the first fleet” card and think they have greater entitlement and are somehow “more Australian.”

Welcome to China. You have made the first common FOB mistake….you have assumed that every culture should behave the way they do in your country and that they are wrong if they don’t.
From my experience in China, when you sign a contract, that is really the beginning of negotiation and several amendments will occur from there. The company may redraft their own terms but only within the rules provided by the Labour Bureau.

As with the Visa rules, you are a guest in this country. Behave like one. Follow their rules and everyone is happy. If you don’t like the rules, you know where the airport is. Seriously, it is that simple.

Craig Hill: Before you try you luck in journalism, learning how to properly use possessive pronouns in your own language (I’m just guessing it is, since your name sounds english. If it’s not, well, please go back to writing bad grammar in whatever language you parents taught you), instead of misused noun-apostrophe-verb compounds, would be a big plus in adding credibility to whatever thing your write about. Just my two cents.

Daniele: I have highlighted some of your mistakes for you to take back to your English teacher. However, there are many others in your comment which you will learn to avoid with more practice. Keep up the good work 🙂

Seems to me China is purely modernizing its visa laws in line with its counterparts in Europe, US and Australia – all of whom use biometric data and fingerprinting. Doing business in China is a risk; everyone knows that from the outset. If a teacher breaches their contract they should be penalized. Likewise if a foreigner breaches their visa stay then they should be penalized just like in other countries. If people don’t like that then they should leave rather than complain about it. Or alternatively don’t use shady teaching agencies or illegal means to obtain a visa. The citizens of most countries are not hospitable to illegal visitors. If you abuse the rules, just because you originally come from a first world country, it doesn’t make you any different to the illegal immigrants who flood into Europe, the US and Australia every year and who get abused and severely punished for doing so.

… okay then, I was going to comment on how these new rules suck, given they’re burning a friend of mine pretty badly, but then I see “Editor’s note: Internet commentators are paid by the Chinese government to distort or deflect internet conversation in support of China and against the west. See our article China’s government hires people to distort web conversations” appended to the end of every dissenting opinion. Ad hominem much?

“Battle not with monsters lest ye become a monster; and if you gaze into the abyss the abyss gazes into you.”

“There will also be stricter restrictions on where foreigners can live or travel, and where foreign businesses can be established…” A pretty broad and sweeping assertion with absolutely no information to back it up, i would like to see some information to support this and explain it.

Debs, that is just wrong. Unless you do not fly internally or ever leave the country? Off course every single person gets body searched and scanned going through airport security, unless i am missing something fundamental here. I believe what you are implying is that you do not get body searched by customs and the like or on the street.

so many foreigners who are illegally working in china, just go back to HK, get their visit or business visas and then come back to mainland and stay here. i know some guys staying in mainland for so many years through this way. China should put a serious check on such people. I even know a guy, with no qualification, no education, just some farmer from australia happen to arrive china and living here on business visa and illegally working as a teacher, Why the hell such people are working in china? why those people are not being kicked out. if authorities ask me, i will definatly help them.

what’s the big deal? everyone move out to China, the people here are closed minded, it’s even very hard for the foreign investors to do business in china anymore because most people they have don’t want to be a worker they all want to be a boss. in a company most employees doesn’t want to be a subordinate they all want to be a leader.

Basically the maxim, like it or not, applies: only those with something to hide should worry. And i personally find that odious, but there is not a developed,government i this world that does not subscribe to that basic policy.

Editor’s Note: China is not a developed country, and is widely known for abusing it’s own laws.

The problem with penalizing the teachers for illegal or incorrect paperwork is that unless its something that they gave to the school to verify their identity- the teacher didn’t do much to obtain the visa, that’s the school’s job!! So penalizing the teacher for that is ludicrous. Now, I worked for an upstanding school for 6 years in Kunming and I never had a problem with any of my visas, but I know I had friends who worked for smaller, less recognized schools and the schools would try to get out of visa fees by getting improper or illegal visas for their teachers. Oftentimes the teachers had no idea that their visas were incorrect or downright illegal- and why would they? They trusted the school to provide the visa (it’s in all standard contracts) and they were coming from countries where a contract means what is says… But people, TIC! I love China dearly (it would have been stupid to stay for 6 years if I didn’t….) but it is not a developed nation and you can’t treat it as such. I love the people of China, but the people do NOT equal the government. Teachers coming into China need to go in with their eyes wide open and go in educated and prepared. They need to do research and know what visas they need when. Keep a record of everything you use in the visa process and all contracts with a school. Document, document, document! It will save your butt if the school ever tries to take you to court. You need to be your own advocate and you need to protect yourself!
All that being said, the law is hogwash, but along the same lines as all the other legislation in the past couple of years that targets foreign businesses and in particular schools in China. The tax law that came out in late 2011 was a good example of one- it required schools to pay exorbitant amounts of money for their teachers in Chinese retirement (which foreigners couldn’t use), Chinese health care (which was null and void since we were required to have our own insurance) and there was a third fee as well that I can’t remember, but it was something we couldn’t use as well. The fees amounted to a third of my salary. All these new law are going to come back and bite China in the butt when the expat schools up and leave because they can’t afford to stay in country any longer… When the schools leave, the expats leave, and when the expats leave, the foreign businesses will leave as well.

I somewhat agree GStrawb but after being here for the same time as you I think these laws are more about ensuring that the people that come to work here are qualified. We have all seen the ex-truck driver or ex- car salesman with a trainwreck of a life back home come here to reinvent themselves as a teacher.
I say good on you China. Let’s see those losers working on F and L visas get their Residence Permit if they want to stay 180 days or more. If they can’t send them home. Maybe we’ll get a payrise when the desperados are gone.

China is facing all the problems because they like cheap things and they always want to cheat.i am an African with PhD in English education that i did it in oxford University but a Chinese school will tell me i am not a native speaker and i will be there and they will call a white guy who don’t even have any certificate in teaching English .sometimes he will even smell alcohol in the morning but since he is from those country,they don’t care.so it is time that Chinese will look for competency but not skin or race anymore.

From what I can see, the new law actually target some aspects covered in the article, but it doesn’t seems so “tragic” as highlighted. Yes, it is going more difficult to enter the country to work with an “F” or “M” visa, but, please, be kindly aware that such behaviour, while tolerated by public authorities in the past, was already illegal according to previous legislation. Further, a company that illegally hire a foreigner is also liable to pay fines and pay for the foreigner deportation costs. Finally, since July 1st, I personally entered or exit the Country, so as my family, and nobody has been “strip searched” nor even had been requested to open luggages for inspection.

As per the trial, please kindly consider that in general in China a trial last no more than few monthes, and up to an year for complicated issues (please check PRC civil and criminal procedure laws) and that for labour issues arbitration is compulsory and that arbitration procedures last just a few weeks before the issuance of the awards.

In the contrary, it shall be here highlighted that in case a foreigner working without proper visa sees his/her rights breached by an employer, such foreigner cannot resort to any legal action against the employer…

In any Country, while the law clearly states that an alien can enter in a country carrying out the activities for which the relevant visa has been issued: so, if a person come to China with a tourist visa to work, and the authorities shall have the rightful duty to prosecute infringor, I may agree that the labour discipline in China may still improvements, not only for foreigners, but for all employees.

A final note, I am not been paid by any governemt whatsoever to express my opinions.